Slashdot Mirror


Apple Is Served A Search Warrant To Unlock Texas Church Gunman's iPhone (nydailynews.com)

An anonymous reader quotes the New York Daily News: Authorities in Texas served Apple with a search warrant in order to gain access to the Sutherland Springs church shooter's cellphone files. Texas Ranger Kevin Wright obtained the warrant last week, according to San Antonio Express-News.

Investigators are hoping to gain access to gunman Devin Patrick Kelley's digital photos, messages, calls, videos, social media passwords, address book and data since January 2016. Authorities also want to know what files Kelley stored in his iCloud account.

Fast Company writes that "it's very likely that Apple will give the Rangers the same answer it gave the FBI in 2016 (in effect, hell no!)... That may be why, in the Texas case, the FBI and the Rangers didn't even bother calling Apple, but rather went straight to court."

9 of 450 comments (clear)

  1. Re:If there is a warrant by v1 · · Score: 2, Informative

    "We DEMAND that you break the laws of statistics and mathematics and decrypt these files immediately without the key!"

    The judge ought to get a good laugh out of it at least. You just can't expect to use a court order to force someone to violate the laws of nature.

    (you also can't use a court order to demand that a private citizen go out of their way to DO something for you - you can order them to STOP doing something, but not to assist you with your investigation - sorry officer but you can't make me do your work for you)

    --
    I work for the Department of Redundancy Department.
  2. Re:If there is a warrant by Frobnicator · · Score: 5, Informative

    It may not be possible to decrypt the files, even for Apple

    True enough. The /. headline is light on the details, but the story says the demanded three things: Contents of the iPhone, contents of an iCloud account if it exists, and extracted contents from a third LG phone.

    They can hand over the contents of the iCloud account if they can match it up. It might be interesting to see what they do with the phone, and it depends quite a lot on the wording of the warrant. They may reply with "the phone is encrypted, but here is the encrypted storage contents". For the LG phone, they would likely reply that it is not their device and they have no corporate knowledge or corporate tools to handle it.

    By the way, doesn't a search warrant only allow them to perform a search?

    There are several legal tools, but typically there are subpoenas, warrants, and court orders. Police and other government agents prefer warrants as they are more difficult to legally fight, are often given in surprise or delivered aggressively, and give government lawyers and police the biggest net. Court orders take more time, and often require back-and-forth discussions with lawyers from both sides and with the judge.

    Subpoenas are easier to obtain but also easier to fight. A subpoena allows for the business to sort through the records and decide what is inside or outside the scope. A warrant tends to use terms that are more vague, tend to not specify the exact issue under investigation, and allow for the government agency to dig through it (rather than the business) to determine if the information is relevant.

    Warrants are also typically delivered in surprising ways ostensibly to prevent destruction of evidence and reduce risks to the police involved. For businesses this usually means isolating people and making legal demands while they are alone and in shock, hoping they forget that they need to call a lawyer and have the right to not say anything, warrants are for searching and not for interrogation. For individuals or residences, that typically means smashing down people's doors when they know residents aren't home, or showing up at 3:00 AM with guns, tear gas, and assault gear. There are naturally good and bad ones. One has a few professionally dressed officers that politely knock at the door and say "Good evening Mr Smith, I have a warrant to search the premises, please step outside", and which one throws in a flash-bang device and shouts "This is the police! Get on the ground now! Put your hands on your head! We have a warrant!! Shut that baby up NOW or I'll arrest both you and the child for interfering with an investigation!"

    --
    //TODO: Think of witty sig statement
  3. Re:San Bernadino all over again by Anonymous Coward · · Score: 2, Informative

    2013 CDC National Vital Statistics shows 33,636 firearm related deaths. Looking up the US population for 2013 on Google shows 316.2M people. That's about 1 in every 9,400 Americans killed by firearms that year for ALL reasons (suicide, accident, gang violence, mass shooter, etc.)

    63% of those firearm deaths were suicides. Let's face it, there's lots of ways for someone to commit suicide if they're so inclined. And many of those methods are far more accessible than using a firearm (e.g., overdose on meds). So, if we subtract that 63%, we're left with 1 in 25,407 Americans killed by firearms that year.

    For the same year, the stats for death by other causes are:
    1 in 6,513 persons died by poisoning
    1 in 9,354 persons died by motor vehicle fatality
    1 in 10,122 persons died by a fall
    1 in 6,804 persons died by drug-induced cause

    Your odds of death by firearm in the USA are slim to none (0.0039%) when you exclude suicide as a cause. Your odds are a lot higher of death by poisoning, car accident, a fall, or drugs.

  4. Re:San Bernadino all over again by Applehu+Akbar · · Score: 1, Informative

    We will know we have a gun problem when weapons start walking around all by themselves and firing at people. Until then, we have a crazy shooter problem.

  5. Re: San Bernadino all over again by Anonymous Coward · · Score: 3, Informative

    Well, it wasn't the cops who stopped the Texas church shooter, it was a neighbor with an assault weapon.

  6. Re:the judge can lock you up with contempt of cour by Dog-Cow · · Score: 3, Informative

    For it to be contempt of court, you'd have to appear in court. Apple execs have nothing to do with the case, so their lawyers would tell them not to show.

  7. Re:San Bernadino all over again by Stephan+Schulz · · Score: 3, Informative

    Or was there some other set of "rights" or policies you think are backfiring? Take for instance: Yes, Violent Crime Has Spiked In Sweden Since Open Immigration Germany: Migrant Crime Spiked in 2016

    Well, whatever you are babbling about seems popular. Its a load of bull, but popular bull, apparently.

    It's always a bit sad if people believe their own propaganda. There are many reasons why the rate of reported rapes in Sweden is high. But as far as we can tell, an unusually high incident of rape as defined in other countries is not among them. Sweden has a much more expansive definition of rape, a different definition of what count as a single incident of rape, a very comprehensive collection and reporting system, and a very low cultural bar to reporting rape.

    I'd also be very sceptical of everything the Gatestone Institute reports - quite apart from their political bias, it should be a warning that they run advertisments that promise beautiful Russian women who just want to take your out, and presumable sell you thousand's of iPhone 8s for only US$1 per piece....

    --

    Stephan

  8. Re:San Bernadino all over again by cold+fjord · · Score: 3, Informative

    I'd also be very sceptical of everything the Gatestone Institute reports - quite apart from their political bias, it should be a warning that they run advertisments that promise beautiful Russian women who just want to take your out, and presumable sell you thousand's of iPhone 8s for only US$1 per piece....

    If you're seeing "advertisments that promise beautiful Russian women ..." at the Gatestone Institute, which I doubt, it is probably due to the profile the advertising services have for you, not what the Gatestone Institute selects and presents. You fancy Russian women much?

    And really, it isn't a question of you disliking "bias", but their viewpoint. They are discussing questions of fact and what they mean.

    It's always a bit sad if people believe their own propaganda.

    I often enjoy the ironic.

    There are many reasons why the rate of reported rapes in Sweden is high. But as far as we can tell, an unusually high incident of rape as defined in other countries is not among them. Sweden has a much more expansive definition of rape, a different definition of what count as a single incident of rape, a very comprehensive collection and reporting system, and a very low cultural bar to reporting rape.

    The problem with your claim that there are significant increases purely in a Swedish context.

    Yes, Violent Crime Has Spiked In Sweden Since Open Immigration

    Looking at rape by itself, from 2006-2015 there was a 40 percent increase in the number of reported rapes. It is true that the number of rapes declined from 2014 to 2015, from a high of 6,697 to a still-high 5,918; but, even so, the overall upward trend is clear.

    Other Swedes, namely Ingrid Carlqvist and Lars Hedegaard, argue these trends are much sharper if one takes a longer view:

    In 1975, the Swedish parliament unanimously decided to change the former homogeneous Sweden into a multicultural country. Forty years later the dramatic consequences of this experiment emerge: violent crime has increased by 300%.

    If one looks at the number of rapes, however, the increase is even worse. In 1975, 421 rapes were reported to the police; in 2014, it was 6,620. That is an increase of 1,472%.

    --
    much of left-wing thought is a kind of playing with fire by people who don't even know that fire is hot - George Orwell
  9. Re: San Bernadino all over again by blindseer · · Score: 3, Informative

    Yeah. You know, for when you need to kill 15 geese per minute.

    Or one motherfucker wearing body armor that wants to kill a church full of children and unarmed worshipers.

    It's a good thing that the guy across the street had one of those "goose shooters" or things could have been worse. This baby killer reportedly had more guns and ammo in his truck, this was likely just his first stop that day if someone had not stopped him.

    No doubt the gun banners will be adding the death of this piece of garbage in human skin to the tally of "gun deaths" to justify their bans. They'll probably also call his death a suicide*, because good people can't ever use a gun to good ends. Especially one of those "assault weapons".

    *(There is doubt as to who made the kill shot, the pursuing citizens or if it was a suicide. Regardless the armed law abiding citizen stopped this garbage from doing further harm and by calling this a suicide the gun grabbers can count against the justifiable homicide tally and add to the suicide tally. If it's a suicide they can at least try to claim it's just poor soul that had a bad day. I guess he did have a bad day, it just wasn't some poor soul.)

    --
    I am armed because I am free. I am free because I am armed.